Leaf
Blowers
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LETTER TO LEAFBLOWER WORKERS WHAT YOU SHOULD KNOW ABOUT LEAF BLOWER MANUFACTURERS! Most workers get paid by the hour, so it doesn't matter whether they rake or blow. However, contractors are paid by the job. The quicker they finish one job, the quicker they can get to the next one. The propaganda spread by the manufacturers is that the workers will lose their jobs if leaf blowers are banned. How was it done before leaf blowers? Didn't they have jobs raking? The leaves will still be there. I think that is an insult to the workes intellegence to make them believe they will lose their jobs. If you agree with the above, and you speak Spanish, talk to these workers about the health hazards and what the manufacturers are doing to their health. Better yet, write fliers in Spanish and pass them out to the workers. An excerpt from the next article below: When testifying before the Assembly Local Government Committee, landscape contractor Barbara Alvarez accidentally conceded that she would have to hire more workers if blowers were banned. (She then awkwardly tried to correct herself, telling the committee she would have to charge more money, thereby losing customers and hiring fewer workers.) To blower haters, it's simple. "They have conned these gardeners into thinking that they need these machines," Orta says with exasperation. "They don't." SOLAR PANELS WHAT YOU SHOULD KNOW ABOUT LEAF BLOWERS Administration considers noise above 85 decibels dangerous; leaf blowers register at 90 decibels and above. And even though manufacturers recommend wearing protection at all times, gardeners regularly work without protective headphones. Many also don't wear respiratory gear, an omission with significant health risks considering the machine stirs up dangerous dust, including airborne feces and allergens such as molds and pollens. "Blowers churn up clouds of fuel exhaust mixed with debris that should be left on the ground," argues Menlo Park ban supporter Cheryl Zaslawsky, "such as pesticides, animal droppings, bacteria, mold spores, brake dust and more." The American Lung Association recommends that passersby avoid blowers if possible, especially if they suffer from respiratory problems. And on the far end of the alarmist spectrum comes this: Leaf blowers are killing babies. At least so claims an attorney for an anti-blower group in Los Angeles, arguing in a recent court brief: "Approximately 45 babies a year die from SIDS [Sudden Infant Death Syndrome] in Los Angeles due to airborne particulate matter and many of those deaths are attributed to dust from gas-powered leaf blowers." In addition to dust, the blowers emit other particulates. The lung association considers air pollution caused by leaf blowers an even more serious problem. According to Margaret Leathers, executive director of the association's local chapter, leaf blowers generate as much pollution in one hour as driving a car 100 miles. In the Bay Area alone, blowers account for 1.4 tons a day of smog-forming compounds and 15 tons of carbon monoxide. Blower-haters suspect the aptly named Echo Inc., the country's leading leaf-blower manufacturer, of inciting hysteria among gardeners to protect its investment. Tensions between poor immigrant gardeners and wealthy, noise-hating suburbanites didn't boil to the surface until Los Angeles muzzled the machines last year at the urging of Hollywood celebrities. Coincidence? Myra Orta thinks not. "I wouldn't put it past [Echo lobbyist Robin] Pendergrast" to turn the debate into a Latino race issue. "It's a clever idea," she says. Such comments--suggesting gardeners are being used by leaf-blower manufacturers and vendors as a public relations ploy to disguise their more base profit motive--make Huerta's blood boil. "We feel those comments are racist," Huerta says, "because it implies gardeners aren't intelligent enough to organize themselves." Pendergrast, however, attributes the tensions sparked by the Los Angeles ordinance--which prohibits gas-powered leaf blowers within 500 feet of a residence--to the peculiarities of the situation there. "What made this ban unique," Pendergrast explains, "was that it happened in one of the largest U.S. cities, was backed by a minority of famous actors and actresses, but affected working-class minorities who operate small landscape and gardening businesses." Until Los Angeles exiled the ear-whackers last year, leaf-blower bans were generally confined to small, wealthy suburban towns like Carmel, Piedmont and Los Altos. LEAF BLOWERS Leaf blowers are more accurately dust blowers; they blow dust from one place to another, containing fertilizers, pesticides, dog and cat fecal matter, top soil, etc. Help reduce air contaminants by banning the leaf blower. The use of blowers is currently illegal in 20 major California cities, including Los Angeles, Hermosa Beach, Lawndale, Lomita, Santa Monica, Malibu, Beverly Hills, Claremont, South Pasadena and Santa Barbara for one simple reason: they are hazardous to our health. To find out How to Help click on the colored text. Let's get these ozone offenders off our streets! Feel free to the read The Daily Breeze or The Beach Reporter. It's full of information on what happened at the Manhattan Beach City Council meeting! Also, you can read Jefferson Graham's speech to the Manhattan Beach City Council from June 18, 1998. We would love to hear you questions and comments. Feel free to Contact us via E-mail.We enjoy feedback! To voice your opinion directly, contact the Manhattan Beach City Council to let them know how you feel about leaf blowers in our town. (If you're a resident, add your address and phone number, please.) AND WHAT POLITICAL debate of the late 20th century would be complete without a mention of health and safety? Orta is first in line to point out that leaf blowers pose serious hazards to their users. The Occupational Safety and Health Administration considers noise above 85 decibels dangerous; leaf blowers register at 90 decibels and above. And even though manufacturers recommend wearing protection at all times, gardeners regularly work without protective headphones. Many also don't wear respiratory gear, an omission with significant health risks considering the machine stirs up dangerous dust, including airborne feces and allergens such as molds and pollens. "Blowers churn up clouds of fuel exhaust mixed with debris that should be left on the ground," argues Menlo Park ban supporter Cheryl Zaslawsky, "such as pesticides, animal droppings, bacteria, mold spores, brake dust and more." The American Lung Association recommends that passersby avoid blowers if possible, especially if they suffer from respiratory problems. And on the far end of the alarmist spectrum comes this: Leaf blowers are killing babies. At least so claims an attorney for an anti-blower group in Los Angeles, arguing in a recent court brief: "Approximately 45 babies a year die from SIDS [Sudden Infant Death Syndrome] in Los Angeles due to airborne particulate matter and many of those deaths are attributed to dust from gas-powered leaf blowers." In addition to dust, the blowers emit other particulates. The lung association considers air pollution caused by leaf blowers an even more serious problem. According to Margaret Leathers, executive director of the association's local chapter, leaf blowers generate as much pollution in one hour as driving a car 100 miles. In the Bay Area alone, blowers account for 1.4 tons a day of smog-forming compounds and 15 tons of carbon monoxide.Leaf Blowers Are Hazardous to Your
Health. 1.Air Pollution. A gasoline-powered leaf blower generates as much tailpipe emissions in one hour as an automobile does over 350 miles. The difference is that a car emits all that pollution over a big stretch of road, while a leaf blower deposits it all in one back or front yard. 2.Dangerous chemicals. Leaf blowers spread dust, dirt, animal droppings, herbicides and pesticides into your air, over your cars and into the windows of your home 3.Noise. Blowers whine "like dental drills gone berserk," said the Detroit Free-Press. Added the Christian Science Monitor: "Blowers blare and screech, kick up dirt and dust and accomplish nothing." The machines generate unacceptable amounts of air and noise pollution while doing little more than pushing debris into the air, city streets and gutters. According to Regional Air Council studies, 6 percent of the volatile organic compound pollutants in the skies above the Denver-metro area is generated by hand-held, gas-powered tools. Leaf blowers are more accurately dust blowers; they blow dust from one place to another, containing fertilizers, pesticides, dog and cat fecal matter, top soil, etc. Help reduce air contaminants by banning the leaf blower. The use of blowers is currently illegal in 20 major California cities, including Los Angeles, Hermosa Beach, Lawndale, Lomita, Santa Monica, Malibu, Beverly Hills, Claremont, South Pasadena and Santa Barbara for one simple reason: they are hazardous to our health. The Occupational Safety and Health Administration considers noise above 85 decibels dangerous; leaf blowers register at 90 decibels and above. And even though manufacturers recommend wearing protection at all times, gardeners regularly work without protective headphones. Many also don't wear respiratory gear, an omission with significant health risks considering the machine stirs up dangerous dust, including airborne feces and allergens such as molds and pollens. "Blowers churn up clouds of fuel exhaust mixed with debris that should be left on the ground," argues Menlo Park ban supporter Cheryl Zaslawsky, "such as pesticides, animal droppings, bacteria, mold spores, brake dust and more." The American Lung Association recommends that passers-by avoid blowers if possible, especially if they suffer from respiratory problems. And on the far end of the alarmist spectrum comes this: Leaf blowers are killing babies. At least so claims an attorney for an anti-blower group in Los Angeles, arguing in a recent court brief: "Approximately 45 babies a year die from SIDS [Sudden Infant Death Syndrome] in Los Angeles due to airborne particulate matter and many of those deaths are attributed to dust from gas-powered leaf blowers." In addition to dust, the blowers emit other particulates. The lung association considers air pollution caused by leaf blowers an even more serious problem. According to Margaret Leathers, executive director of the association's local chapter, leaf blowers generate as much pollution in one hour as driving a car 100 miles. In the Bay Area alone, blowers account for 1.4 tons a day of smog-forming compounds and 15 tons of carbon monoxide. Stop this foolishness!!
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A bill to restrict
cities and counties from banning leaf blowers 1999 Another bill 2002 Evil is like sand, it doesn't go away. They keep coming up with bills until one of them slips through. What kind of people do we have in this country? Air pollution from leaf blowers Leaf Blowers and Health: Letter to the California Air Resources Board
A
link to some zero tolerance cities. a sample of one ordinance. (NOTE) 13.Tampering. The removal or rendering inoperative,
other than for purposes of maintenance, repair, or replacement, of any noise
control device or element thereof, of any product required to meet specified
noise emission limits under federal, state or local law, and the use of said
product after its noise control device has been removed or rendered
inoperative, other than for purposes of maintenance, repair or replacement What is wrong with the rest of your intelligent city officials? You voted them in, why aren't they protecting you? |
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| This nice lady in image #3 left her apartment to walk to the mailroom for her mail. How many particles do you think she filtered through her lungs passing through that cloud of dirt? How many particles do you pass through your lungs because of leaf blowers? | ||
| October 24, 2007
Besides the wonderful concept of getting exercise by raking leafs and the idea of banning leaf blowers because of noise - there is a far stronger reason to ban leaf-blowers. Right now here in Southern California the air is full of smoke debris, which has been deemed unhealthy, and rightly so. The public is warned to stay indoors and not expose them selves to the dangerous air. They say the particles remain in the air for up to three weeks. Yesterday, Oct. 23rd, while the wind was dying down, the gardeners, who come weekly to our apartment complex turned on their leaf-blowers. I have been against leaf-blowers for a long time because of the damage it causes to the lungs, but after yesterday, I am going to start a campaign against them. I now have videos taken yesterday of the effects of those stupid leaf blowers. The wind was blowing and the leaf-blowers were kicking the dirt and debris high into the air (by the way, there were hardly any leaves.) After they moved the dirt into the air, the gardeners blew the dust off of the parked cars and then they left. An hour later the cars were once again covered with the dust and the air was still full of the particles that will be lingering for a few weeks. But don't worry, there are a lot of people in California who will filter that dust with their lungs. How did we ever manage before leaf-blowers. One other thing - one of the early news reports stated that a leaf blower was the cause of one of the fires. Later the report said it was caused by an industrial accident. Leaf-blower manufacturers must have a lot of pull with the government. If you search "leaf blowers" you will see how much money they are making off of these death machines. Below is an excerpt from an article in washingtonpost.com - Sad to say but most of the article is about the noise and not about the real health hazard from the particles blown into the air. A Growing Clamor Over Leaf Blowers - www.washingtonpost.com/?nav=globaltop Opponents of leaf blowers say noise isn't the only pollutant. The fumes from the gas engines foul the air and the machines kick up particulates containing mold, pesticides, dried animal waste and plain old dust. John Murtagh, a city council member in Yonkers, N.Y., is pushing his colleagues to ban leaf blowers during the summer, as other communities in Westchester County have done. Murtagh said 13 percent of the city's children suffer from asthma. He said that other than in the fall, the machines' "utility is dramatically outweighed by the pollution they generate." MY QUESTION: If the governments is protecting us against drugs and unhealthy food processes, why isn't it protecting our lungs from leaf blowers and tobacco? MY ANSWER, WHICH IS ANOTHER QUESTION: Could
it be money and political pull? |
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Below is an article I copied from NPC Quiet Net. I have linked to them so that you may read more. I copied it before the powers to be get it thrown off the net.Air Pollution From Leaf BlowersThe California Air Resources Board (ARB) says air pollution costs our state billions of dollars annually in health care and crop and building damage. It irritates eyes and throats, harms lungs, and causes cancer and premature death (1), including sudden death from heart attacks. Ozone*, a gas, is Sacramento's worst air pollution problem (2), and we also have unhealthy levels of liquid and solid particulate matter (PM**) (3). Blowers, especially gasoline-powered, contribute to both of these. Emissions from the two-stroke combustion engine include PM as well as gaseous carbon monoxide, nitrogen oxides, and hydrocarbons (CO, NOx, and HC). Leaf blowers also raise (entrain) dust from the ground. And evaporative emissions of fuel occur during the refueling process, which sometimes spills gas on the operators, and from the fuel tank. Comparisons that exclude some of these could understate the problem. Fine PM2.5 particles, which are man-made and do not occur in nature, evade the body's defense systems. According to the EPA and ARB they can increase the number and severity of asthma attacks, cause or aggravate bronchitis or other lung disease, and reduce our ability to fight infections (4). Leaf blower motors are inordinately large emitters of CO, NOx, HC, and PM according to a study conducted for the ARB (5). Two-stroke engine fuel is a gasoline-oil mixture, thus especially toxic. Particles from combustion are virtually all smaller than PM2.5. According to the Lung Association, a leaf blower causes as much smog as 17 cars. Street dust includes lead, organic carbon, and elemental carbon according to a study conducted for the ARB. The Lung Association states "the lead levels are of concern due to [their] great acute toxicity... Elemental carbon...usually contains several adsorbed carcinogens." Another study found arsenic, cadmium, chromium, nickel, and mercury in street dust as well (6). The ARB states that a leaf blower creates 2.6 pounds of PM10 dust emissions per hour of use (7), and based on this a report from the Sacramento Metropolitan Air Quality Management District states that leaf blower dust is responsible for two percent of our PM (8). Blowers are widely used in residential areas where many people are exposed. The EPA and ARB, in their brochure "Particulate Matter Air Pollution: A threat to our health" advise us, "Avoid using leaf blowers." The multi-agency Best Available Control Measure Working Group agrees. In November 1997 the Los Angeles Times reported on studies by Kaiser and the California EPA showing a correlation between levels of air pollution and hospital admissions for cardiopulmonary problems (9). These reinforce conclusions reported in the August 1997 issue of Consumer Reports, which described the effect on preschool children as "especially startling." (10) Fifty thousand people in the city of Sacramento are particularly vulnerable to air pollution because of asthma or cardiopulmonary disease (11). Healthy adults and children who play or exercise vigorously are also at risk (1). Sacramento must reduce its smog-forming emissions by 40 percent by the year 2005 in order to achieve healthier air (3), yet the Portable Power Equipment Manufacturers Association has asked its California members to lobby against stricter emission regulations developed by the ARB for 1999 (12).
References:
Leaf
Blowers and Health:
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BILL ANALYSIS 1999
Supporters of this bill:
Association of Latin American Gardeners [CO-SPONSOR]
CA Landscape Contractors Association [CO-SPONSOR]
Lawn and Garden Equipment Dealers Coalition [CO-SPONSOR]
Bliss Power Lawn Equipment Company
Enviroscape
Sheridan Landscaping, Inc.
Opposition to this bill:
Cities of: Berkeley, Claremont, Culver City, Cupertino, Del Mar,
Los Angeles, Manhattan Beach, Merced, Palo Alto, Piedmont, Santa
Barbara, Santa Monica, and Thousand Oaks.
League of CA Cities
Sierra Club
Zero Air Pollution (ZAP)
Individual letter (1)
Date of Hearing: May 12, 1999
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
John Longville, Chair
AB 1609 (Cardenas) - As Introduced: February 26, 1999
{u
SUBJECT u} : Leaf blowers.
{u SUMMARY u} : Prohibits local agencies from banning leaf blowers,
but allows the regulation of the noise levels emitted.
Specifically, {u this bill u} :
1)Prohibits cities and counties from banning leaf blowers.
2)Allows cities or counties to establish regulations prohibiting
leaf blowers that exceed a noise level specified by the city
or county, provided that the specified noise level is not less
than 65 decibels measured at a distance of 50 feet in
accordance with the standards established by the American
National Standard Institute.
Allows cities or counties to establish a lower noise level if
the city or county determines, based on testing conducted by
an independent testing laboratory, that more than one
manufacturer markets and sells a leaf blower meeting the lower
standard.
3)Provides that no city or county may prohibit the use of leaf
blowers except between the hours of 6 p.m. and 8 a.m. on
weekdays, and 5 p.m. and 9 a.m. on weekends.
4)Provides that a city or county may:
a) Regulate the manner and use of leaf blowers including
restrictions on blowing and disposal of debris onto
adjoining property, sidewalks, or gutters.
b) Require leaf blowers for commercial use, on or after
January 1, 2001, to be tested and certified by an
independent testing facility.
5)Provides that more stringent requirements on the {u hours or
manner of use u} of leaf blowers than contained in this bill may
be enacted by local ballot initiative if approved by a
majority of the voters.
u} Page 2
6)Provides that the Legislature finds that the uniform
regulation of the noise level of leaf blowers is a matter of
statewide concern.
{u EXISTING LAW u} :
1)A county or city may make and enforce within its limits all
local, police, sanitary, and other ordinances and regulations
not in conflict with general laws. (Cal. Const. art. XI,
section 7)
2)A city has police power authority to declare what activities
or uses constitute a nuisance and to enact regulations
designed to eliminate or reduce the occurrence of a nuisance
in an effort to protect the general welfare. (Cal. Const.
art. XI, sec. 7).
3)State law defines a "nuisance" as being "anything which is
injurious to health, or is indecent, or offensive to the
senses, or an obstruction to the free use of property, so as
to interfere with the comfortable enjoyment of life or
property." (Cal. Civ. Code section 370)
4)Charter cities and charter counties may enact laws which
conflict with state law as to any matters, which are, deemed
local or "municipal" affairs rather than matters of statewide
concern.
{u FISCAL EFFECT u} : No state cost.
{u COMMENTS u} :
1) {u Background and Local Ordinance u} . {u
u}
This issue arose as a response to a City of Los Angeles
ordinance passed in November, 1996, that provided that no gas
powered blower shall be used within 500 feet of a residence at
anytime.
Following passage of the ordinance gardeners marched in protest
on the Los Angeles City Hall. According to the Los Angeles
Times: "The demonstrations reached a sobering level when a
group of gardeners vowed to fast until death on the grounds of
City Hall unless the mayor and the council took action to
{u AB 1609
u} Page 3
address their grievances. In January 1998, a compromise was
reached when the council promised to help the gardeners obtain
replacement machines, while voting to enforce the current
ordinance by authorizing police to issue tickets to violators
and their employers.
Last session Senator Polanco introduced SB 1651 which was
intended to limit the authority of local governments to
restrict the use of gas powered leaf blowers. SB 1651 was
approved by the Senate Business and Professions Committee
(Ayes 4, Noes 2) and the Senate Local Government Committee
(Ayes 5, Noes 2). Because SB 1651required the Department of
Consumer Affairs to adopt a program to certify leaf blowers,
the bill was sent to Senate Appropriations. SB 1651 failed
passage in Senate Appropriations Committee.
Instead of seeking reconsideration in Senate Appropriations for
SB 1651, later in the session Senator Polanco took over
Senator Calderon's SB 14 (relating clause: "Jury Service").
SB 14 included the provisions of SB 1651 without the
requirement that the Department of Consumer Affairs adopt a
program to certify leaf blowers, thereby making the bill
non-fiscal.
AB 1609 (Cardenas) contains the exact language as the final
version of SB 14 (Polanco) 1998. SB 14 was ultimately held
without a vote by the Senate Environmental Committee.
2) {u Restrictions by Other Cities u} .
Since 1975, 18 cities in California have adopted restrictive
regulations or outright bans on the use of such equipment as a
result of pressure from residents complaints about noise, dust
and emissions. The cities that have passed such ordinances
are: Belvedere, Berkeley, Beverly Hills, Carmel, Claremont,
Del Mar, Hermosa Beach, Indian Wells, Lawndale, Laguna Beach,
Los Altos, Los Angeles, Malibu, Menlo Park, Mill Valley,
Piedmont, Santa Monica, and West Hollywood.
The City of Santa Barbara approved an initiative ordinance
banning the use of gasoline powered leaf blowers in November
1997.
3) {u What is a Decibel u} ?
{u AB 1609
u} Page 4
A decibel is a measurement of the intensity (energy/square inch)
of sound.
According to the World Book Encyclopedia: A sound intensity
level of 140 decibels (dB) is the threshold of pain. Sounds
of 140 dBs or more produce pain in the ear, rather than
hearing.
A whisper amounts to about 20 decibels. Ordinary conversation
has an intensity level of about 60 dBs. Loud rock music can
produce up to 120 dBs.
The measure of decibels is on a logarithmic scale, that is, for
each 10 point increase in decibels the sound is 10 times
louder than the previous level. Thus 70 dBs is 10 times
greater than 60 dBs, 80 dBs is 100 times greater than 60 dBs
and 90 dBs is 1000 times greater than 60 dBs.
4) {u What is the American National Standards Institute u} ?
The American National Standards Institute is the administrator
and coordinator of the United States private sector voluntary
standardization system. The Institute is a private, nonprofit
membership organization supported by a constituency of private
and public sector organizations.
5) {u Local Control u} .
As noted under existing law, the California Constitution clearly
provides that local governments are given the authority to
establish their own ordinances to address the concerns of its
residents.
This bill would limit an element of local control. Ever since
1975, local communities have regulated the use of leaf
blowers. Over the years, as noted above, 17 cities have
determined, through the local legislative process, to regulate
or ban, what to some residents, constitutes a nuisance.
The committee may wish to consider whether it is proper for the
state to set a uniform standard for all communities with
regard to noise levels. Communities in this state are diverse
and what is not bothersome to the population in one community
may be excessively bothersome to residents of another.
{u AB 1609
u} Page 5
The City of Los Angeles argues that if enacted this bill would
take away a tool to adequately respond to legitimate community
concerns about the noise levels and air pollution that leaf
blowers cause.
6) {u Economic Impacts u} .
The Lawn and Garden Equipment Dealers Coalition asserts that gas
powered leaf blowers alone account for an estimated $25
million in sales in California, thereby generating a minimum
of $1.5 million in sales tax revenue. Gardeners and landscape
contractors' businesses are inevitably also affected, as are
homeowners and taxpayers who pay for increases in maintenance
costs on private properties, as well as for those managed by
local governments.
7) {u Impact on Landscape Workers u} .
The Los Angeles ordinance and the other 14 cities which have
established total bans on the use of gasoline powered leaf
blowers do impact landscape maintenance businesses.
Supporters of this bill argue that the time required to do
proper maintenance will increase when gas powered leaf blowers
are prohibited. Supporters argue that the Los Angeles ban
eliminates a tool of the trade, that they will not be as
efficient and productive and that they will be harmed
economically by such a ban.
A total ban on leaf blowers impacts the cost and ability of
municipalities to maintain public space. According to a City
of Santa Barbara analysis of its own proposed leaf blower ban,
"leaf blowers enable maintenance crews to sustain . . . levels
of park cleanliness despite increased workloads and staff
reductions. Leaf blowers have become even more valuable
because of staff and budget reductions as well as new
responsibilities expected of park maintenance crews."
Supporters of the bill argue that the market may not bear an
increase in rates if landscape maintenance businesses are
forced to raise those rates to make up the difference.
According to the California Landscape Contractors Association
(CLCA), bans on leaf blowers deprive the industry of a safe
and essential tool and discourage the development of new,
cleaner and quieter technologies that will significantly
{u AB 1609
u} Page 6
reduce air and noise pollution problems associated with these
products.
CLCA argues further that this bill will help address community
concerns about excessive noise while still encouraging
manufacturers to develop quieter and cleaner lawn and garden
power equipment.
8) {u Initiative Process u} .
The League of California Cities argues that the initiative
requirement applies not only to leaf blower bans, but to time
of day regulation as well. Thus, a city that has an existing
time of day ordinance that that is different than the
restrictions under the bill would be required to use the
initiative process if they wished to re-instate their local
regulation.
9) {u Other Arguments in Support u} .
The California Landscape Contractors Association argues that
concerns over noise and emissions are being addressed through
new sound-deadening technologies and tougher emission
regulations recently adopted by the California Air Resources
Board for two-cycle internal combustion engines. Proponents to
this bill argue that it will place an undue burden on law
enforcement to enforce limits established in this bill.
Opponents assert it is most likely that such ordinances would
be unenforceable and have no practical effect.
10) {u Other Bills u} .
This session four bills have been introduced addressing the leaf
blower issue. The other three bills are: AB 1544 (Granlund);
SB 1267 (Polanco); and SCR 19 (Burton).
11) {u Possible Amendments u} .
a) The committee may wish to consider whether the voters
should allowed to vote to ban leaf blowers.
The bill allows the voters to regulate the hours or manner of
use of leaf blowers, which could be written to effectively
ban leaf blowers. As examples, leaf blowers could be
allowed only on Tuesdays from 10 am to 11 am, or leaf
{u AB 1609
u} Page 7
blowers could be allowed provided they do not result in any
air-borne dust traveling to another property.
b) The committee may wish to consider whether city or
county should be allowed to put a leaf blower measure on
the ballot.
The bill allows a leaf blower measure to be put on the ballot
only by initiative.
c) The committee may wish to consider whether there should
be statewide noise standards for leaf blowers used in
residential areas.
{u REGISTERED SUPPORT / OPPOSITION u} :
{u Support
u}
Association of Latin American Gardeners [CO-SPONSOR]
CA Landscape Contractors Association [CO-SPONSOR]
Lawn and Garden Equipment Dealers Coalition [CO-SPONSOR]
Bliss Power Lawn Equipment Company
Enviroscape
Sheridan Landscaping, Inc.
{u Opposition
u}
Cities of: Berkeley, Claremont, Culver City, Cupertino, Del Mar,
Los Angeles, Manhattan Beach, Merced,
Palo Alto, Piedmont, Santa Barbara, Santa Monica, Thousand
Oaks
League of CA Cities
Sierra Club
Zero Air Pollution (ZAP)
Individual letter (1)
{u Analysis Prepared by u} : |
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BILL ANALYSIS 2002 SB 1267 SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Byron D. Sher, Chairman 1999-2000 Regular Session BILL NO: SB 1267 AUTHOR: Polanco AMENDED: As Introduced FISCAL: No HEARING DATE: May 10, 1999 URGENCY: No CONSULTANT: Randy Pestor {u SUBJECT u} : LEAF BLOWERS {u SUMMARY u} : {u Existing law u} , under article XI, 7 of the state Constitution, allows a city or county to "make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." A charter city is exempt, with regard to its municipal affairs, from the "conflict with general laws" restrictions. {u This bill u} : 1) Prohibits the sale of a leaf blower unless it meets State Air Resources Board (ARB) emission standards. 2) On or after January 1, 2001, prohibits leaf blower from being sold unless it complies with American National Standard Institute (ANSI) Standard B 175.2, is affixed with a label that identifies the maximum noise level that may be produced by the leaf blower, and complies with #1 above. 3) Between January 1, 2000, and December 31, 2001, disallows a city or county from prohibiting or restricting the commercial use of a leaf blower, except the regulatory initiative measure prohibiting leaf blowers enacted by Santa Barbara electors. 4) On or after January 1, 2002, allows a city or county to restrict the commercial use of leaf blowers by adopting an ordinance that prohibits the use of leaf blowers that do not meet the ANSI Standard B 175.2 specifications. SB 1267 Page 2 5) On or after January 1, 2002, allows the electors of any city or county to enact a "total prohibition" on the commercial use of leaf blowers by initiative measure. 6) Provides legislative intent that: a) only voters can enact a total prohibition on the commercial use of leaf blowers because of the severe economic impact this may have on an individual who operates a leaf blower as part of a trade, and b) the Legislature occupies the whole field of regulating leaf blowers as provided by this bill, exclusive of all local regulations relating to the commercial use of leaf blowers by any city, including a chartered city, or county. {u COMMENTS u} : {u 1) Purpose of Bill u} . According to the author, SB 1267 "addresses decisions by several local governments to ban the use of leaf blowers." The author notes that this bill reflects his "recognition that leaf blower noise is a significant irritant to some people, but also that gardeners and the industry have taken significant steps to reduce noise and emissions." {u 2) Leaf blower concerns u} . Leaf blowers are used to clear debris from flowerbeds, lawns, sidewalks, streets, and other areas. Although favored by many in the landscape business, leaf blower concerns relate primarily to air quality (engine emission and blowing materials, including grass, leaves, animal feces, dust, dirt, moles, pesticides, spores, and fungi that act as allergens) and noise (volume as well as pitch and changing amplitude). Several cities also limit or ban the use of leaf blowers, including Belmont, Belvedere, Berkeley, Beverly Hills, Burbank, Burlingame, Carmel, Claremont, Davis, Del Mar, Foster City, Fresno, Hermosa Beach, Indian Wells, Laguna Beach, Lawndale, Los Altos, Los Angeles, Los Gatos, Malibu, Mill Valley, Montebello, Napa, Newport Beach, Pasadena, Palos Verdes, Piedmont, San Diego, Santa Barbara, San Luis Obispo, Santa Monica, Santa Rosa, Sunnyvale, and West Hollywood. SB 1267 Page 3 The Orange County Grand Jury recently recommended that the county, cities, school districts and community college districts cease using leaf blowers in their maintenance and cleaning operations because of health hazards and high noise levels. Supporters of SB 1267, such as the California Landscape Contractors Association, note that "[w]hile we recognize public concerns with leaf blower noise and air emissions, these devices are absolutely essential for the economic well being of our industry." Those in landscape businesses generally support the need for testing and labeling of the equipment and note the labor saving and cost benefits of the devices. Opponents, such as local governments, generally note concerns expressed by residents ( {u i.e. u} , air quality and noise issues outlined above), preemption of local ordinances, and allowing certain ordinances only by initiative. {u 3) Recent ARB responses u} . The California Clean Air Act grants the ARB authority to regulate off-road mobile source categories. The small off-road engine (SORE) category includes all off-road engines below 25 horsepower, including garden equipment. The ARB approved the SORE regulations in 1990 and requested ARB staff to provide a status report before the 1999 implementation of second tier standards (first tier standards were effective in 1995). The 1999 standards provide for advanced engine designs and emission controls. The final rulemaking regulation package was filed with the Office of Administrative Law (OAL) February 5, 1999, and OAL approved the regulations March 23, 1999 (the effective date of the regulations). {u 4) Noise u} . SB 1267 refers to compliance with ANSI Standard B 175.2 specifications. According to ANSI, the organization is a private, nonprofit organization that has "served in its capacity as administrator and coordinator of the United States private sector voluntary standardization system for 80 years." ANSI's primary goal is "the enhancement of global competitiveness of U.S. business and the American quality of life by promoting and facilitating voluntary SB 1267 Page 4 consensus standards and conformity assessment systems and promoting their integrity." ANSI does not develop the standards but "facilitates development by establishing consensus among qualified groups." ANSI would not release information about leaf blower specifications; they could only be obtained by a $28 payment for a related volume of standards. When the standard was received from other sources, it specified that the "purpose of this standard is to establish bystander sound level test procedures and labeling requirements for hand-held and backpack, gasoline-engine-powered blowers." These labeling procedures provide for labels that include three categories of noise levels, but it would be difficult for local governments to set a noise level based on these "specifications." Past measures addressing this issue have referenced a 65 dBA level, but even a specified level does not account for different conditions that may exist throughout the state. A specified limit also does little to encourage leaf blower manufacturers to make quieter models over time. A decibel is a unit of sound pressure level, abbreviated dB, while dBA is the weighted sound pressure level by the use of the A metering characteristic and weighting in ANSI specifications. The noise level decreases by about 6 decibels when the separation between a point source and receiver is doubled, and increases by about 6 decibels each time the distance is halved. Therefore, a leaf blower operating at a distance of 15 feet will be considerably louder than one measured at 50 feet because the measure of decibels is on a logarithmic scale where a 10 point increase in decibels is 10 times louder than the previous level. {u 5) Limitation on Restrictions u} . According to a recent study by Palo Alto, some cities do not regulate leaf blowers, and regulatory strategies in other cities "fall into six basic categories: 1) time of day/day of week, 2) noise levels, 3) area specific, 4) bans, 5) educational approach, or 6) a combination of the five." SB 1267 Page 5 SB 1267 allows a regulatory measure that prohibits the use of leaf blowers that do not meet ANSI specifications. Other regulatory strategies, such as those cited above, are not allowed by this bill. {u 6) Other Legislative Responses u} . The Los Angeles ban on gasoline leaf blowers within 500 feet of a residence generated controversy by gardeners. SB 1651 (Polanco) of 1998 required the Department of Consumer Affairs to establish a program governing the certification of leaf blowers meeting a 65 dBA standard, required leaf blower users to use models tested and certified by the department, and restricted the ability of local governments to regulate the leaf blowers. SB 1651 failed passage in the Senate Appropriations Committee May 20, 1998. Senator Polanco subsequently amended provisions relating to local government restrictions into Senator Calderon's SB 14. AB 392 (Cedillo) was amended August 28, 1998, to mirror SB 14, except that it did not apply to local governments adopting an ordinance prior to January 1, 1996, prohibiting the use of leaf blowers. SB 14 and AB 392 were referred to the Environmental Quality Committee pursuant to Senate Rule 29.10 late in the 1997-98 Session and were not heard. Bills introduced in 1999 limiting local regulation of leaf blowers include SB 1267 (Polanco), AB 1544 (Granlund), and AB 1609 (Cardenas). {u 7) More Study u} . In response to concerns over the use of leaf blowers, SCR 19 requests the ARB to report on the potential health and environmental effects of their use and requests cities and counties to refrain from enacting any new ordinance that prohibits the use of leaf blowers until the ARB submits its report. SCR 19 was approved by the Senate and is on the Assembly Floor. The study must be completed on or before January 1, 2000. Therefore, it may be appropriate to consider this study prior to acting on other leaf blower measures. {u SOURCE u} : Senator Polanco {u SUPPORT u} : Bliss Power Lawn Equip. Co. SB 1267 Page 6 California Landscape Contractors Association Douglas Snyder Incorporated Landscape Development J.H. O'Brien Landscaping and Maintenance L&L Landscape Construction, Inc. Madrone Landscapes {u OPPOSITION u} : Berkeley Citizens for a Quieter Sacramento Claremont Culver City Cupertino Del Mar League of California Cities Manhattan Beach Merced Santa Barbara Santa Monica Stockton Thousand Oaks {u |